Religious Liberty

The mixing of government and religion can be a threat to free government, even if no one is forced to participate.... When the government puts its imprimatur on a particular religion, it conveys a message of exclusion to all those who do not adhere to the favored beliefs. A government cannot be premised on the belief that all persons are created equal when it asserts that God prefers some.
-- Harry Blackmun,
Majority Opinion, Lee v. Weisman, 1992


The right of each and every American to practice his or her own religion, or no religion at all, is among the most fundamental of freedoms guaranteed by the Bill of Rights. The Constitution's framers understood very well that religious liberty can flourish only if the government leaves religion alone.

The ACLU is dedicated to protecting the First Amendment that guarantees our religion is free of government and our government is free of religion so that no one religion influences the government decisions that affect us all.

Oregon’s constitution provides even more religious liberty protection than the First Amendment. Article I, section 5 of the Oregon Constitution states in part: “No money shall be drawn from the Treasury for the benefit of any religious (sic), or theological institution.” Article I, section 2 provides “All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences” and Article I, section 3 states “No law shall in any case whatever control the free exercise, and enjoyment of religious (sic) opinions, or interfere with the rights of conscience.”

The ACLU of Oregon is committed to ensuring that the words of the Oregon Constitution mean what they say and will continue to protect religious liberty.

Litigation

Nakashima v. Board of Education

Student Athletes Prevail in Religious Discrimination Case Against OSAA

On August 18, 2010, the Oregon Supreme Court ordered the Oregon School Activities Association to pay $66,230 in attorney fees. This case was on behalf of students at Portland Adventist Academy who sought a reasonable accommodation from the OSAA to compete in the state basketball tournament without having to play during the Seventh Day Adventist Sabbath (sundown Friday to sundown Saturday).

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Shepherd v. Oregon Youth Authority

Imprisoned Seventh Day Adventist Allowed to Attend Service

July 13, 2009 - Levi Shepherd is a Seventh Day Adventist inmate of MacLaren Youth Correctional Facility, which is administered by the Oregon Youth Authority (OYA).  As a Seventh Day Adventist, Mr. Shepherd wants to attend religious services on Saturdays, his Sabbath.

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Legislation

RELIGIOUS FREEDOM: Pledge of Allegiance in Schools (HB 3604) (2011)

Currently, school districts are required to provide their students with the opportunity to recite the Pledge of Allegiance once a week. HB 3604 was introduced to expand the current requirement by allowing for daily recitations of the Pledge of Allegiance.

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RELIGIOUS FREEDOM: Civil Rights Protections and Religious Exercise (HB 3609) (2011)

Introduced near the end of session, HB 3609, sponsored by Rep. Shawn Lindsay (R-Hillsboro) would have put a person’s free exercise of religion above any neutral state or local laws, including civil rights laws, if the person asserted that the law infringed on his or her religious beliefs.

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Other

Smith v. Employment Division

Faces of Liberty: Standing Up for Religious Freedom

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